EDWARD M. CALLAHAN JR. is Of Counsel to the law firm of Lum, Drasco & Positan LLC, located at 103 Eisenhower Parkway, Roseland, New Jersey 07068. He was previously a Partner in the law firm of Clancy, Callahan & Smith located in Roseland, New Jersey, for over 30 years.
His practice areas include commercial litigation, business law, construction law and litigation, environmental litigation, labor law, plaintiff's injury and negligence, real estate, estate planning and administration, succession planning, taxation, pension and profit-sharing, municipal law and zoning law.
While a significant part of his practice involves business and construction law, he also represents individual clients with respect to all of the areas mentioned above.
He has been a member of the New Jersey Bar since 1965 and is admitted to practice in the United States District Court, the United States Tax Court, and the Third Circuit Court of Appeals. He has appeared before all of the Courts in the State of New Jersey. Including a number of cases before the Supreme Court and has practiced before the Federal Courts, the United States Bankruptcy Court and the Third Circuit Court of Appeals. In addition to appearances before the various courts to which he is admitted, he has practiced before various State and Federal agencies, including the National Labor Relations Board, the Equal Employment Opportunity Commission (E.E.O.C.), the New Jersey Division of Taxation, the New Jersey Department of Labor, the New Jersey Department of Transportation, the Administrative Law Courts of the State of New Jersey, the New Jersey Civil Rights Division, the New Jersey Department of Building and Construction and the New Jersey Electrical Licensing Board. He has extensive experience in complex arbitration and mediation before the American Arbitration Association.
He is a member of the New Jersey State Bar Association Public Law and Construction Committee. He served as a consultant to the Coalition formed by the construction industry in New Jersey for reform of the New Jersey Mechanics Lien Law resulting in the enactment of the New Jersey Construction Lien Law and was one of the principal authors of that legislation.
He has served as Counsel to the Northern New Jersey Chapter Inc. National Electrical Contractors Association for over 40 years and has represented both the Electrical Construction Industry and individual contractors on various issues and in various venues with respect to matters affecting construction. He has litigated numerous cases re construction claims, business and environmental matters.
He is the present author of the chapter on New Jersey Lien Law in the current edition of "Fifty State Construction Lien and Bond Law" published by John Wiley & Sons, Inc. He is the co-author of "New Jersey's New Construction Lien Law, A Practical Guide With New Forms" describing practice and procedures under the New Jersey Construction Lien Law. He has written articles for the New Jersey Law Journal involving the interface between the Construction Lien Law and the Federal Bankruptcy Act. He has been a guest lecturer at various seminars throughout the State of New Jersey regarding the Construction Lien Law including the Institute for Continuing Legal Education of the New Jersey Bar Association. In addition he has conducted seminars on various areas of construction law including construction claims, delay claims, public bidding procedures, obligations of trustees in Taft-Hartley Funds and collection practices for contractors. He has testified on numerous occasions before the Legislature of the State of New Jersey concerning various issues involving the construction industry. He has held an AV Rating from Martindale Hubbell since 1970 and has been designated a New Jersey Super Lawyer in the area of Construction Law.
Areas of Practice
- Business Law
- Commercial Litigation
- Construction law
- Environmental Law
- Labor Law
- Real Estate
- Estate Planning and Administration
- Succession Planning
- Taft Hartley and ERISA Issues
- Municipal and Zoning Law
- New Jersey, 1965
- U.S. District Court District of New Jersey, 1965
- U.S. Court of Appeals 3rd Circuit, 1986
- U.S. Tax Court, 1974
- Rutgers, The State University of New Jersey School of Law - Newark, Newark, New Jersey
- J.D. - 1965
- New York University School of Law, New York, New York
- Major: Masters Program, Taxation
- Seton Hall University
- B.A. - 1962
- U.S. v. United Association of Journeyman and Apprentices, 364 F.Supp 808 (D.C.N.J. 1973)
- W. V. Pangborne v. NJDOT, 116 N.J. 543 (1989)
- O'Neill Electric Co. Inc v. County of Warren, 297 N.J. Super. 473 (App Div 1997)
- Thomas Group v. Wharton Senior Citizens Housing, 163 N.J. 56 (2004)
- Schoonover Electric Co., Inc. v. Enron Corp. and Garden State Paper Co., Proceeding No. 02-02140 (AGC) (United States Bankruptcy Court (SDNY))
- Joyce v. McCrane, 320 F. Supp., 1284 (D.C.N.J. 1970)
- Lattimer v. Twp. of Monroe., 370 N.J.Super. 130 (App. Div. 2004)
- Labov Mechanical, Inc. v. East Coast Power, L.L.C., 37 N.J. Super. 240 (App Div 2005)
Professional Associations and Memberships
- Essex County Bar Association, Member
- New Jersey Bar Association, Member, Construction Law Committee
- New Jersey Supreme Court Committee, Rules of Evidence, Member, 2003 - 2007
- Borough of Glen Ridge, Planning Board, Chairman, 1975 - 1980
- Borough of Glen Ridge, Councilman, Chairman Finance Committee, 1981 - 1982
- Borough of Glen Ridge, Mayor, 1983 - 1991
- District V-C Ethics Committee, Member, 1995 - 1997
- District V-C Ethics Committee, Chairman, 1996 - 1999
- Coalition, Reform of New Jersey Mechanics Lien Law, Counsel, 1995 - 1996
- New Jersey Automobile Club (Former Director)
- AAA New Jersey Insurance Agency Inc. (Former Director)